Nicholas P. Martin Knows the Law and He Won’t Settle For Less
Atlanta employers are always looking to save a dollar.
Who isn’t?
But that doesn’t mean your employer should take advantage of you.
Employee misclassification is a tactic to keep you from getting your fair share. Maybe management told you that you’re an independent contractor, but you’re not sure that’s right. Maybe you’ve been told you’re “management,” even though you’re not making any more money than before. There are any number of ways businesses shift classifications to make you think you aren’t entitled to rights like overtime pay. At the end of the day, they’re looking out for themselves. Isn’t it time you did the same?
Are you engaged in a physically demanding job that puts the onus on you to pay for work-related injuries? Have you been given a promotion to management, but don’t seem to be supervising anyone while working more hours without overtime pay? Maybe you’ve even been asked to misreport your duties or job title on forms. Don’t let misclassification take money out of your pocket. Call us now!
Employee misclassification is one of two things: A mistake or theft.
Nick is ready to talk to you today to help determine which one it is. Call him, day or night.
He’s ready to help you get paid what you deserve.
What is Employee Misclassification?
Most misclassification cases stem from one thing:
The desire to avoid paying you overtime.
Certain employees are not eligible to receive overtime.
Some exemptions include:
- Executive Exemption - You manage the company or one of its departments.
Administrative Exception - You exercise discretion and independent judgment over day-to-day operations. - Professional Exemption - Employees whose work requires advanced knowledge, such as doctors or engineers.
- Computer Employee Exemption - Similar to the professional exemption, but the advanced duties are computer-based. Think software engineers.
- Outside Sales Exemptions - Employees who spend most of their time away from the place of business.
Exemptions exist in the FLSA,
but they come with strict qualifications.
For instance, the Professional Exemption stipulates you be compensated at a rate not less than $684 per week. The Computer Employee Exemption insists you be paid $27.63 an hour.
Independent contractors
Independent contractors on the other had are often used to benefit both the business and the employee.
The business can avoid the costs that come with more regular employees and the independent contractor is provided with more freedom.
However, latest statistics indicate that up to 10% of all American workers might be misclassified as independent contractors. This costs you, not just because you’re being paid less, but the tax burden is higher and you receive fewer benefits.
The Supreme Court
The Supreme Court tells us that there’s no single rule for determining whether someone is an independent contractor. Rather, there are many questions that might come into play.
- Are the rendered services an integral part of the business?
- How permanent is the relationship?
- How much as the contractor invested in facilities and equipment?
- How much control does the business have over the contractor?
- Does the contractor have adequate opportunities for profit?
- How much open market competition with others is required for the contractor’s success at this business?
If these questions are making you think, give us a call. We’ll talk it out and figure out the specifics of your case.
6 Jobs Frequently Misclassified as Independent Contractor
Delivery Drivers
Landscapers
Home Health Nurses
Hotel and Motel Staff
Security Personnel
Cable Installers
What to know about Employee Misclassification in Atlanta
It depends, but you may miss out on workers comp if you’re hurt on the job. You may be ineligible for unemployment compensation. No overtime pay. No minimum wage protection. Frequently no health benefits. And that’s just to start.
Bosses tell most people their schedule! We’d need to get some more specifics, but a boss telling you your schedule sounds like an employee to me.
It depends, mostly on your rate of pay. Give us a call and we’ll figure it out for you.
No. This is one of the most common misclassifications. In order to be a supervisor, you have to supervise.
Every case is different, but you might be eligible to receive overtime compensation in lost wages. This would also potentially include “liquidated damages”, which would be double the amount of lost overtime wages.
Atlanta’s Best Employee Misclassification Lawyer
Being an independent contractor takes the burden off of a business and places it on the employee.
Some folks love the flexibility it affords them, but that doesn’t mean you should be taken advantage of. Call Nick now and let’s figure out if you’ve been misclassified. Don’t take their word for it; find out for yourself.